Do stepchildren or unmarried partners inherit in New York?

Under New York intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (EPTL § 4-1.1). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in New York?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

Frequently Asked Questions

New York intestacy laws determine who inherits when there is no will. New York follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in New York depends on family structure. With no children: Entire estate. With shared children: First $50,000 plus half of the remaining estate. When children from a prior relationship survive: First $50,000 plus half of the remaining estate.

New York uses the "per capita at each generation" distribution method. Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Per capita at each generation (by representation)

New York requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under New York intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The New York will signing requirements page outlines what is needed to execute a valid will.

Probate costs in New York depend on estate size and complexity. Estates valued at $50,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the New York probate cost calculator for a detailed estimate.

Intestacy Laws in New York

New York intestacy law gives the surviving spouse a share that depends on the family structure. With no children, the spouse receives Entire estate. When shared children survive, the share changes to First $50,000 plus half of the remaining estate.

Assets passing to children and descendants in New York are divided by Per capita at each generation. The state also imposes a 120 hours survival requirement, meaning an heir who dies within that window is treated as having predeceased the decedent.

Intestate estates in New York valued under $50,000 may qualify for a simplified transfer procedure that avoids formal probate. Use the New York probate calculator to estimate costs for larger estates.

A revocable living trust overrides New York intestacy law and bypasses probate. Assets in the trust transfer privately to named beneficiaries without the delays, costs, or public exposure of the probate process.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from New York statutes and official state code. How we research.

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